Fair Trading Act 1986

Offences

40 Contraventions of provisions of Parts 1 to 4A an offence

(1)

Every person who contravenes a provision of Part 1 (except sections 9, 14(2), 23, or 24), Part 3, or Part 4 commits an offence and is liable on conviction,—

(a)

in the case of an individual, to a fine not exceeding $200,000; and

(b)

in the case of a body corporate, to a fine not exceeding $600,000.

(1A)

Every person who contravenes section 24 commits an offence and is liable on conviction to a fine not exceeding $600,000.

(1B)

Every person who contravenes a provision of Part 2 or Part 4A commits an offence and is liable on conviction,—

(a)

in the case of an individual, to a fine not exceeding $10,000; and

(b)

in the case of a body corporate, to a fine not exceeding $30,000.

(2)

Where a person is convicted, whether in the same or separate proceedings, of 2 or more offences in respect of contraventions of the same provisions of this Act and those contraventions are of the same or a substantially similar nature and occurred at or about the same time, the aggregate amount of any fines imposed on that person in respect of those convictions shall not exceed the amount of the maximum fine that may be imposed in respect of a conviction for a single offence.

(3)

[Repealed]

Compare: Trade Practices Act 1974 s 79(3) (Aust)

Section 40 heading: amended, on 17 June 2014, by section 27(1) of the Fair Trading Amendment Act 2013 (2013 No 143).

Section 40(1): replaced, on 17 June 2014, by section 27(2) of the Fair Trading Amendment Act 2013 (2013 No 143).

Section 40(1A): inserted, on 8 July 2003, by section 8(2) of the Fair Trading Amendment Act 2003 (2003 No 31).

Section 40(1A): amended, on 17 June 2014, by section 27(3) of the Fair Trading Amendment Act 2013 (2013 No 143).

Section 40(1A): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).

Section 40(1B): inserted, on 17 June 2014, by section 27(4) of the Fair Trading Amendment Act 2013 (2013 No 143).

Section 40(3): repealed, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).